Mobile Termination Access Services

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In November 2008 the Commerce Commission commenced its investigation into whether the mobile termination access services should be regulated, due to concerns that a combination of mobile termination rates that are significantly above cost, with significant on-net discounting, creates a barrier to competition in the mobile market. The Commission's investigation did not look at the prices that consumers directly pay for mobile services.

The Commission provided its Final Report to the Minister for Communications and Information Technology on 22 February 2010, recommending that the undertakings put forward by Telecom and Vodafone during the Commission's investigation should be accepted under Schedule 3A of the Act, as an alternative to regulation.

The Commission reconsidered its recommendation, following a request from the Minister that it consider the implications, if any, of any new retail offers on the Commission's recommendation that the Minister accept the undertakings put forward by Telecom and Vodafone.   Retail offers assessed in the reconsideration were those that had been released since the Commission sent its Final Report to the Minister on 22 February 2010, or that had been released before the Commission finalised its reconsidered recommendation on 16 June 2010.

The Commission released its Draft Reconsideration Report on 12 May 2010.  

Following submissions, the Commission provided its Reconsideration Report to the Minister on 16 June 2010.  

On 16 June 2010 the Minister announced a consultation process on the Commission's Reconsideration Report. Submissions and cross-submissions to the Minister have now closed.   Further information on the Minister's submission process, and submissions and cross-submissions to the Minister are available on the Ministry of Economic Development's website.  

The Minister accepted the Commission's recommendation to amend the Telecommunications Act 2001 to allow the regulation of mobile termination access services on 4 August 2010.

 Additional versions (restricted and additional protection) of the Draft Reconsideration Report, submissions and the Reconsideration Report are available in accordance with the Reconsideration Confidentiality Order.

MTAS became a designated access services under the Telecommunications Act 2001 on 24 September 2010. On 28 September 2010 the Commerce Commission commenced the standard terms determination (STD) for the MTAS.